OWI/DUI/DWI
Overview
In Iowa, an individual can be charged with drunk driving or Operating While Intoxicated (OWI) (also known as DUI or DWI in other states) when the individual was found to be operating a motor vehicle:
- while under the influence of alcohol, drugs, or a combination of such substances;
- with a blood alcohol concentration (BAC) of .08% or higher; or
- found to have any amount of controlled substance in their system.
Those who drive commercial vehicles are considered to be driving illegally with a BAC of .04% or more. The BAC limit for drivers who are under the age of 21 is .02%.
The effects of these charges can have a significant effect on a person’s finances, freedom, and even their job. If you have been arrested for operating a motor vehicle while intoxicated, you face driver’s license suspension, fines, jail time, and even probation. Law enforcement has strict rules they must follow when investigating and arresting a person for suspicion of driving while intoxicated. It is essential for you to have an experienced OWI/DUI Attorney on your side to help assess your situation and reach the best outcome for you.
Frequently Asked Questions
DISCLAIMER: Our Family Law attorneys are licensed in the states of Iowa, Nebraska, and South Dakota. Although all three states follow the same general principles in Family Law cases, there are important distinctions. It is important to contact a lawyer to understand those differences. The information provided below is intended to provide a brief overview of the general principles and does not constitute legal advice.
Q: What are the penalties in Iowa for getting an OWI?
A: The penalties in Iowa for getting an OWI can be as follows:
Iowa OWI 1st Offense
An Iowa OWI 1st Offence is classified as a serious misdemeanor resulting in penalties including a jail sentence ranging from 48 hours to 1 year, a fine of up to $1,250, and driver’s license revocation for a period of 180 days to 1 year.
Iowa OWI 2nd Offense
An Iowa OWI 2nd Offense is classified as an aggravated misdemeanor with penalties including 7 days to 2 years in prison, a fine of $1,875 to $6,250, and a minimum of 1 year driver’s license revocation.
Iowa OWI 3rd Offense
An Iowa OWI 3rd Offense or any subsequent offenses are categorized as a Class D felony. A felony OWI conviction will result in a mandatory prison sentence of thirty (30) days but could result in five (5) years in prison. The offender will also face a fine ranging from $3,125 to $9,375, as well as 6-year driver’s license revocation.
The court, probation, and DOT penalties may be complex. All OWI offenders will be required to undergo substance abuse evaluation, treatment may be required, and a course for drinking drivers may be required. Additionally, the driver may be required to install an ignition interlock device in their car.